AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. S.C. Pandit, learned counsel representing the appellants as well as Mr. R. Goswami, learned counsel appearing for the respondents.
This is an appeal under Section 30 of the Employee’s Compensation Act, 1923 against the judgment and order dated 06.03.2014 passed in by the learned Commissioner, Employee’s Compensation, Kamrup, Guwahati in W.C. Case No.61/2012.
Daya Sankar Singh died in a motor accident occurred during the course of his employment under M/S. Punj Llyod Ltd. Complex. He was earning a salary of Rs. 5,800/- per month excluding overtime wages of approximately Rs. 4,200/-. The Commissioner held that overtime wages is not included in the wage of a workman. The Commissioner notionally held the income of the deceased to be Rs. 4,992/- per month.
I have considered the submissions made by the learned counsels of both sides.
At this stage, Section 2(m) of the Employee’s Compensation Act, 1923 is relevant. It reads as –
“(m) “wages”, includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of [an employee] towards any pension or provident fund or a sum paid to [an employee] to cover any special expenses entailed on him by the nature of his employment;”
Therefore, overtime wages is included in the wages of the workman.
Regarding the notional holding of the monthly wage at Rs. 4,992/-, we can take the help of the Notification dated 31st May, 2010 issued by the Ministry of Labour and Employment. According to this Notification, Government of India has fixed the monthly wage of a workman at Rs. 8,000/-. So, the monthly income of the deceased should have been held to be Rs. 8,000/-.
Therefore, the correct calculation of the compensation would be like this – 50% of Rs. 8,000/- X 181.37 = Rs. 7,25,480/-.
The claimant no.1 admitted in her evidence that she has already received Rs. 28,000/- from the employer company. Therefore, the claimant shall be entitled to Rs. 6,97,480/-. Additionally, the claimant shall be entitled to a sum of Rs. 5,000/- as funeral expenses. In total, the claimant shall be entitled to Rs. 7,02,480/-.
In the result, the appeal is allowed. The impugned judgment is modified. The Insurance Company is directed to pay the compensation of Rs. 7,02,480/- to the claimant no.1 within next 3(three) months. The aforesaid compensation shall carry an interest at the rate of 6% per annum from the date of this judgment.
The appeal is disposed of. Send back the LCR.